AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

ROXANNE KASSAPIDIS, respondent, v. MARYLAND CASUALTY COMPANY, appellant.

ORDERED that the order is affirmed, without costs or disbursements.

It is well settled that in construing an insurance policy, any ambiguities must be resolved in favor of the insured and against the insurer ( see, United States Fid. Guar. Co. v. Annunziata, 67 N.Y.2d 229; Mazzuoccolo v. Cinelli, 245 A.D.2d 245). We agree with the Supreme Court that the "explosion" provision in the policy at issue is ambiguous as to whether it covers the plaintiffs loss. Since that ambiguity must be resolved in favor of the plaintiff, the Supreme Court properly granted the plaintiff summary judgment on the issue of liability.

S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.

Use AI to get other relevant cases.

Comments

KASSAPIDIS v. MARYLAND CASUALTY COMPANY
(Oct 12, 1999)